- 1 - NC: 2025:KHC-D:6547-DB RFA No. 100062 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.100062 OF 2022 (PAR/DEC) BETWEEN: 1. SRI. LAKSHMAN S/O. MAHADEV SAMBHAJI, AGED ABOUT 65 YEARS, OCC: RETIRED, R/AT. WARD NO.14, BEHIND WOMEN’S COLLEGE, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI-591201. 2. SRI. SADASHIV S/O. LAKSHMAN KHADDANNAVAR, AGED ABOUT 64 YEARS, OCC: RETIRED, R/AT. WARD NO.14, BHIND WOMEN’S COLLEGE, CHIKKODI, NOW R/AT. S.B.I. COLONY, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI-591201. …APPELLANTS (BY SRI. P.R.BENTUR, ADVOCATE) AND: 1. SRI. SAIPRASAD S/O. BHUJANGRAO DODDAMANI, AGED ABOUT 64 YEARS, OCC: RETIRED, R/O. H.NO.101, Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.19 11:13:12 +0530 - 2 - NC: 2025:KHC-D:6547-DB RFA No. 100062 of 2022 VIJAYANAGAR EXTENTION, HUBBALLI, TQ: HUBBALLI-580032, DIST: DHARWAD. 2. SMT. SUSHEELABAI D/O. BHUJANGRAO DODDAMANI, AGED ABOUT 78 YEARS, OCC: HOUSEHOLD, R/O. H.NO.101, VIJAYANAGAR EXTENTION, HUBBALLI, TQ: HUBBALLI-580032, DIST: DHARWAD. 3. SRI. PRATISHKUMAR S/O. BHUJANGRAO DODDAMANI, AGED ABOUT 58 YEARS, OCC: PRIVATE SERVICE, R/O. H.NO.101, VIJAYANAGAR EXTENTION, HUBBALLI, TQ: HUBBALLI-580032, DIST: DHARWAD. 4. SRI. RAJENDRAPRASAD S/O. BHUJANGRAO DODDAMANI, AGED ABOUT 55 YEARS, OCC: PRIVATE SERVICE, R/O. H.NO.365, LIG-12TH CROSS, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 5. SMT. NALINI W/O. ASHOK DODDAMANI, AGED ABOUT 68 YEARS, OCC: HOUSEHOLD, R/O: YAMUNA NIVAS, BEHIND WOMENS COLLEGE, R.T. NAGAR, CHIKKODI-591201, TQ: CHIKKODI, DIST: BELAGAVI. 6. SRI. VINAY S/O. ASHOK DODDAMANI, AGED ABOUT 45 YEARS, OCC: PRIVATE SERVICE, R/O. YAMUNA NIVAS, - 3 - NC: 2025:KHC-D:6547-DB RFA No. 100062 of 2022 BEHIND WOMENS COLLEGE, R.T. NAGAR, CHIKKODI-591201, TQ: CHIKKODI, DIST: BELAGAVI. 7. SRI. VIJAY S/O. ASHOK DODDAMANI, AGED ABOUT 43 YEARS, OCC: SERVICE, R/O. VISHWESHWRAYYA TECHNICAL UNIVERSITY, ACCOUNTS DEPARTMENT, JANA SANGAMA, MICHHE, BELAGAVI-590018, TQ AND DIST: BELAGAVI. 8. SMT. VEENA W/O. VEERENDRA BHOJ, AGED ABOUT 41 YEARS, OCC: HOUSEHOLD, R/O H.NO.66-B, II BLOCK, 22ND CROSS, RAJAJI NAGAR, BENGALURU-560010. …RESPONDENTS (VIDE ORDER DATED 11.11.2024 APPEAL AGAINST R1 AND R4 ARE ABATED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.03.2020 PASSED IN O.S.NO.117/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI, PARTLY ALLOWING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 4 - NC: 2025:KHC-D:6547-DB RFA No. 100062 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Memo dated 16.04.2025 is filed seeking withdrawal of the appeal. The said memo is taken on record. Appeal is dismissed as withdrawn. In view of disposal of the appeal, pending I.A’s, if any, do not survive for consideration and the same are dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE AM Ct:vh List No.: 1 Sl No.: 3